Being involved in any type of car accident in any location is stressful. States with large metropolitan areas such as California lead the nation in accidents with over 4000 fatalities in car crashes every year. California car accident injury laws are designed to help those hurt in a vehicle accident recover the costs associated with short and long term medical treatment and other damages.
1. Police Investigation
One of the best ways to ensure accurate documentation of a car accident is to call the police and have an officer complete a report at the scene. This is essential in the event of even a minor injury or suspected injury to anyone involved in the crash. In addition to police information get the insurance information from the other driver. Under California law drivers must have a minimum of 15/30/5 coverage which includes:
- $15,000 for bodily injury and death claims for one individual
- $30,000 for bodily injury and death claims for others in a vehicle
- $5,000 for other individual's claims against you for property damage
This mandatory coverage ensures that claims against the individual's insurance are covered at a minimal level.
2. Determining Fault
Determining fault includes being able to prove to a jury that the other driver's negligence caused and was a direct factor in the accident and subsequent injury. In some cases this may be occur because the other driver broke some motor vehicle law but may also be related to inattention or failing to drive in a reasonable manner. Negligence can also be partially attributed to the driver that has been injured; however he or she is still eligible to sue for the offset amount based on that percentage.
3. Talking to Insurance Companies
Before speaking to other driver's insurance company it is essential to consult with an attorney that can provide information on what you should and should not discuss. This is particularly important in cases in California where there is some question of negligence on the part of the injured driver or passengers in a vehicle.
4. Talking to an Attorney
With insurance companies striving to settle for the lowest possible amount, talking to an attorney that has experience with California car accident injury laws is a must. Bring all information about the case including the police report number, information on the other driver or drivers, medical reports and any information sent to you by the other insurance company. In California there is a two year statute of limitations to file on personal injury cases so prompt legal action is a must.
